Appeals against placement on availability status in Human Capital are rejected

The National Executive Power rejected, through a series of decrees signed on August 28, 2026, and published in the Official Gazette of the Argentine Republic on August 31, 2026, the hierarchical appeals filed by agents of the Ministry of Human Capital who had been placed in availability status. The acts, numbered from Decree 818/2026 to Decree 828/2026, exhaust the administrative route and leave the judicial action open.

The appeals were filed against the resolutions of the Ministry of Human Capital No. 126/25 and No. 130/25, which ordered the transfer to availability of dozens of permanent staff employees for a period of six months, as a consequence of the suppression of organizational units ordered by Decree 151/25, which modified the organizational chart of the centralized National Public Administration.

Regulatory framework of the transfer to availability

The measure is based on Article 11 of the Annex of Law No. 25,164 (Framework Law for the Regulation of National Public Employment), which establishes that permanent staff affected by restructurings involving the suppression of bodies or the reduction of the optimal staffing level are automatically placed in availability for up to twelve months. The regulation was implemented by Decree No. 1421/02 and complemented by Resolution No. 1/24 of the Secretariat of State Transformation and Public Function.

The appellants alleged the illegitimacy and unconstitutionality of Articles 11 and 14 of the law, the lack of motivation of the act, and the violation of the right to defense and due process. The Executive dismissed these claims, recalling the doctrine of the Treasury Attorney General’s Office according to which the control of the constitutionality of laws is the exclusive faculty of the Judiciary.

The affected agents

Each decree resolves an individual case. Among the agents whose appeals were rejected are:

• María Jimena Suárez (Decree 822/2026), Level C, Grade 7, former Undersecretariat of Innovation in Solidarity Economy.
• Alicia Isabel González (Decree 828/2026), Level B, Grade 4.
• Florencia María Amelia Muñoz (Decree 820/2026), former Logistics Directorate.
• Graciela Mabel Pérez Courty (Decree 818/2026), from the “Participar en Comunidad” program.
• Federico Raúl Dorigoni (Decree 821/2026), former Warehouse Coordination.
• Patricia Mendoza (Decree 827/2026), from a Reference Center.
• Marcelo Alejandro Crespi (Decree 823/2026), former Emergency Directorate.
• Patricia Edith Sánchez (Decree 825/2026) and César Edgardo Godina (Decree 819/2026), from the National Directorate of Territorial Articulation.
• Claudia Verónica Martellotto (Decree 826/2026), Level B, Grade 4.

Effects and judicial route

The decrees state that, upon their issuance, the administrative route is exhausted in accordance with Article 90 of the Administrative Procedure Regulations (Decree 1759/72). Agents may file a judicial action within 180 judicial business days counted from the notification of each measure.

The National Office of Public Employment, the governing body in the matter, endorsed in all cases the procedure followed by the jurisdiction of origin, confirming that the agents were stationed in units affected by the restructuring of Decree 151/25.

Relevance

The battery of decrees confirms the Government’s decision to maintain the restructuring of the Ministry of Human Capital and leaves dozens of permanent staff employees without an administrative review instance, transferring the conflict to the courts. For agents on availability, the six-month period and the eventual compensation of one month’s salary per year of service now depend on the judicial route.

Source: Official Gazette of the Argentine Republic, August 31, 2026, first section (official reference: Decrees 818/2026 to 828/2026, DECTO-2026-818/828-APN-PTE).